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Home My WebLink About20173960.tiffRESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR12-0075 - PLAINS MARKETING, LP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on February 27, 2013, the Weld County Board of Commissioners approved Use by Special Review Permit, USR12-0075, for Plains Marketing, LP, 333 Clay Street, Suite 1600, P.O. Box 4648, Houston, Texas 77002, for Mineral Resource Development Facilities, including transloading of a commodity from one mode of transportation to another including rail, truck and pipeline, without limitation for oil and gas industries, including petroleum products and storage related to same, the construction of an on -site rail spur to create a "rail loop" of on -site track, new offices and support buildings, and related equipment, a greater than 70 -foot communication tower and utilization of more than one cargo container for storage in the A (Agricultural) Zone District, on the following described real estate, to -wit: All of Section 17, south and east of Rail Road, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board was presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Plains Marketing, LP (Tampa Site), with terms and conditions being as stated in said agreement, and accepted Performance Bond No. RLB0015229 from RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $3,608,877.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and reported all items on Exhibit A of the aforementioned Improvements Agreement as completed and found to be acceptable. Furthermore, the site accesses County Road 398, which has been annexed by the Town of Keenesburg, which had no objection to this recommended release of said collateral, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Performance Bond No. RLB0015229 from RLI Insurance Company, 8 Greenway Plaza, Suite 400, Houston, Texas 77046, in the amount of $3,608,877.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 4358419 Pages: 1 of 2 12/07/2017 Carly Koppes, Clerk ��II02:25 :rhhPM R Fee:$0.00 {�� /�� ,III II dmov71r lln .iii„fl Recorder,�� I�I II F' �■ffl 11111 ✓- 'e4t-60(-4-&6 ) /0.2, /t-(7 2017-3960 PL2209 CANCEL COLLATERAL - PLAINS MARKETING, LP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of November, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: doa, Cam.( JCS; (1 Weld County Clerk to the Board BY: • R(7, puty Clerk to the Board APPR• . : AS T ounty torney Date of signature: Cal S 4358419 Pages: 2 of 2 12/07/2017 02:25 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 'V�� i �'� ��I �h Mi�wY�h 11111 /4,e,e? ulie A. Cozad, Chair Steve Moreno, Pro -Tern rbara Kirkmeyer 2017-3960 PL2209 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Release of Collateral For: Plains Marketing, LP — USR12-0075 DEPARTMENT: Public Works DATE: 10/31/2017 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Plains Marketing, LP, requesting that the Board of County Commissioners release the currently held collateral of $3,608,877.00 associated with USR12- 0075. This site accesses County Road 398, which has been annexed by the Town of Keenesburg. The Town of Keenesburg has no objection to this release of collateral. Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2013-1885, have been completed and are found to be acceptable. Assistant County Attorney Frank Haug has reviewed the Improvements Agreement and Collateral requirements and recommends this release of collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: Plains Marketing, LP (PL2209 #2013-1885) USR12-0075 Improvements Agreement (Tampa Site) 7/22/2013 Performance Bond #RLB00 15229 from RLI Insurance Company Renews Annually Automatically $3,608,877.00 Recommendation: The Departments of Public Works, Planning Services, and the County Attorney's Office are recommending approval of the release of collateral for Plains Marketing, LP — (USR l 2-0075). Schedule as Consent Schedule as Regular Agenda BOCC' Item Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern B0CC Hearing Item Other/Comments: 2017-3960 (�Laao9 Evan Pinkham From: Sent: To: Cc: Subject: Good Afternoon Evan, keenesburgclerk@rtebb.net Thursday, October 12, 2017 2:21 PM Evan Pinkham Marc Johns; Danny Kipp Cr 398 Maintenance agreement w/Plains Marketing I have reviewed our agreement, and the last inspection of CR 398 was conducted on April 25, 2017 and revealed no maintenance that would be the responsibility of Plains Marketing. The Town of Keenesburg has no objection to the release of their deposit. Thank you for contacting us! Debra Chumley, CMC Town of Keenesburg 140 S. Main St. Keenesburg, CO  80643 303-732-4281 1 MEMORANDUM To: Evan Pinkham, Public Works From: Kim Ogle, Planning Services Subject: Site Visit for Release of Collateral USR12-0075 Plains Marketing, LP Plains All American Pipeline, L.P Keenesburg Crude Oil Rail Facility Date: August 29, 2017 The Department of Planning Services at the request of the Department of Public Works conducted a site inspection on Tuesday August 29, 2017 to determine if all on -site improvements have been completed based on the March 4, 2014 USR12-0075 map. The findings of Planning Services address the internal site improvements SITE LAYOUT AND IMPROVEMENTS: Per the approved USR Map the property is fenced with chain link at the perimeter of the 356 - acre parcel. Native grasses are well established in the unimproved areas of the property including the borrow ditches. The service yard is graveled and graded. Existing structures on site include the office and adjacent graveled parking area. The access onto the property is paved for two way traffic. There is an automatic mechanized cross arm railroad crossing into the facility that appears to be operational. Rail spurs and multiple terminus rails exist on site and improvements associated with the commodity storage and loadout are present and operational. The access drive has a double full driveway width cattle guard that is clear and will not obstruct overland flows. There is a electric mechanized sliding gate fence restricting access into the property. The access road for inbound traffic is post at 15 MPH for the yard past the gate. There is not a stop sign present for outbound traffic, and should be installed. SERVICE, TEAMWORK, INTEGRITY, QUALITY ;ir s,t Decern'ber"'1;4; -2O17' cRLI Insurande‘Company, °•' : B Gree.nway'Plaza, Suite 40 '-lHouston; TX 77046, Plains!Mar•`keting.;'L'R 4 -'333'Clay Street,' :S 1.600:•:.. ,Box 464.8 - ;Houstori;, `TX 77;002- Conce'ilation .and release (of ,Collateral RLI Insurcance'Compan:y..': r. CLERK TO THE BOARD PHONE (970f40.0 4217 - ,FAX;"; :(970x) 33.6-7233`; GREELEY-,;:COLORADO=:'806.32: airs Marketing; , LP- : ,U;SRI--12-0075 A tacked jhereto ;please ,find rcopies of the )Board 'of rCounty'Commissioners Resolution releasing 'th:e Marketing, LiP iregarding.'irnprovements Erelated to iU'SR12-0011751 ►in the. arn:ount ,of,$3, 6:08877,100; (and the. original Pe forrD an"ce Bond iNo,. ,}3,12B00022,9,, 'with (copies tof the aforementioned sent'to.iP.lains Marketing,.1* = - if °;you °have cgFu:esti:on"s `or :need additional info•rr matio.n,.. please do .no't hesitate to ;contact tmie fat - . ((Wit)) -(4100=42`1'7: r . _ P ery :truly yo:urs, TBOARTD OF'CO_IJ;NT (SS IONERS Tisa 5 co'rena, . . 'Deputy leek'to +thee sB'oard . _L i-•rPiLCD.‘40\60°- ckt>osS 9'1/ atie• PL of adm_nistrators, presents. BOND NO. RLB0015229 BOND FOR OF WELD COUNTY, COLORADO ,f'S, that Plains Marketing, L.P., 333 Clay 77002, a limited partnership, .,rganized under -e, with its principal office loc- ed at 333 Clay Texas 77002, hereinafter called "►rincipal", and RLI zeenway Plaza, Suite 400, Houston, T -.as 77046, _rety", are held and firmly bound unto id County, Colorado, 1150 "0" Street, G _d ounty, Colorado, hereinafter called "0 three Ilion Six Hundred Eight Thousand Ei Dollars 3,608,877.00), lawful money of th which well and truly made, we bind ourselv s ors and assigns, jointly and succe oard of County eley, Colorado 80631, •; igee" in the full and ht Hundred Seventy Seven United States for the s, our heirs, everally, firmly by these WHEREAS, the above-••und Principal has ob''ained or is about to obtain from the Obligee a land use per 't, namely USR12-0I 5, and pursuant to the requirements of said permit, has entered nto an Improvements Agreement, dated , (the "Agreement") with Obligee, an' WHEREAS, The Improvements 1greeme requires Principal to obtain a performance bond in an amount eq -1 to the total cost of the improvements for which Principal is responsible an• n- ing Obligee as beneficiary, and WHEREAS, the value of improv ents for which Principal is responsible equals Three Million Six Hundred Eight T ou--nd Eight Hundred Seventy Seven and No/100 Dollars ($3,608,877.00), and NOW, THEREFORE, THE CONDITION OF THIS 0: IGATION IS SUCH, that if Principal shall well, truly and faithfully p'-rform its d ties, and all of its undertakings, covenants, terms, and cond' ions as set f• th in the Improvements Agreement, and if Principal shall satisf all claims and mands set forth in said agreement, and shall fully indemnify an• save harmless Obi ee from all costs and damages which it may suffer by reason •f Principal's failu - to perform as agreed, and shall reimburse and repay Ob igee all outlay and ex•-nse which Obligee may incur in making good any defau t, then this obligation all be null and void; PROVIDED FURTHER, forth in the Impr save harmless Ob. said default, t t at if Principal shall defaul ements Agreement, and thereafte gee from all costs and damages wh s obligation shall remain in full in any of its obligations set fail to fully indemnify and ch it may suffer by reason of .rce and effect; PROVIDED FUR ER, regardless of the number of years this :.nd is in force, or the number of continuati-.n certificates issued, the liability of the Su -ty shall not be cumulative in amounts fro period to period and shall in no event exceed the amount set forth above, or as amended y rider; PROVIDED FURTHER, at the completion of construction of all •ff-site and on -site improvements required by the Agreement and following accept ce of said on -site and •'f -site improvements, pursuant to the terms of the Agre ent (particularly Parts E.6 through E.8.), the amount of this Bond shall be reced, by rider to be signed by all parties hereto, to 15% of the original amount. Thereafter, and throughout the Warranty Collateral phase (as defined in the Agreement), the Bond shall be maintained at that reduced amount. PROV ED FURTHER, that Su~ that n change, extens' Improve ents Agreerr- affect i oblic- \��NO' OP- Cx CP P ROW PLO ' G°J'�� v\,S*O�yJe\d ��Jr Gp d° change, ex`ter Agreement Qecl Obligee reser _mance Bond from a fi rating of Surety by AM B oaia 0 <o�re covenants, terms, and any extensions to Surety. lue received hereby stipulates and agrees eration or addition to the terms of the performed thereunder, shall in any way it does hereby waive notice of . y such addition to the terms of the provements ANCELLABLE, and shall renew an ally _ this bond until its release by Oigee, to 11 well, truly and faithfully perf: m its duties, and and conditions set forth in the thereof which ma be granted by Obligee co this Per .rmance Bond acknowledge that trough the Improvements s the right to require Princ:pal to obtain a different ncial institution other an Surety in the event that t falls below a B+ r. ing. IN WITNESS WHEREOF, this instru -nt is executed n four (4) counterparts, each one of which shall be deemed an origi _1, this 16th day of July, 2013. (SEAL) Witness as to Surety 8 Greenway Plaza, Address Houston, TX 77 46 HoustonN, TX 77046 ^lND SETH CERVANTES My " mm ssion Expires July 12, 2015 P ains Marketing, L.P. y: Plains GP LLC, Its GeneralVThartn (Printed Name & Title) I Insur nce Company Surety / n son, Attorney -in -Fact,. 8 Greenwa Plaza Address Address Address Suite 400 Board of County Commissii ers of Weld County, Colorado Obligee By: Y- a (Printed Name & Title) IMPORTANT: Surety company executing bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. Bond must be accompanied with Attorney -in Fact's authority from the surety company certified to include the date of the bond. RLI RLI Surety A division of RU Insumnce - � t� e Know A'" OAG�' 5�01‘ �# O Go P OO ��P Go`�� l ,� o tie do. Nab. Gee � Oat ;ire .,ver for a RLB0015229 POWER OF ATTORNEY RLI Insurance Company organized and existing under the laws of the State of Illinois, and authorized and licensed of Columbia does hereby make, constitute and appoint: GREG E. CHILSON TEXAS , as Attorney -in -Fact, with full power and authority h eby conferred upon him to sign, on its behalf as Surety and as its act and deed, all of the foiling classes of documents to -wit: $3,608,877.00 ,,urety and Undertakings that .y be desired by contract, or may be given in any a ion or proceeding in any court of law .,y; policies indemnifying employers a • inst loss or damage caused by the misconduct their employees; official, bail and .ety and fidelity bonds. Indemnity in all cas- where indemnity may be lawfully given; an' with full power and authority to execute consents and waivers to modify or Chan': or extend any bond or document execut d for this Company, and to compromise and settle any and all claims or demands made or fisting against said Company. The RLI INSURANCE COMPANY further certifies that the f. lowing is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wi "All bonds, policies, undertakings, Powers of Attorney, or othe .bliga name of the Company by the President, Secretary, any Assistant cret as the Board of Directors may authorize. The President, any Vice si appoint Attorneys -in -Fact or Agents who shall have authority to issu The corporate seal is not necessary for the validity of any bonds, poli the corporation. The signature of any such officer and the corporate tions . the corporation shall be executed in the corporate ary, reasurer, or any Vice President, or by such other officers de' , Secretary, any Assistant Secretary, or the Treasurer may nds, policies, or undertakings in the name of the Company. s, undertakings, Powers -of -Attorney, or other obligations of ea ay be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has aused these presents to be exe corporate seal affixed this CORPORATE SECRETARY State of Illinois ) SS County of Peoria ATTEST: On this 16day of July 2013 duly sworn, acknowledged that they COMPANY, and acknowledged said i .•%%" \ ? CE co 5 •" 'A �: • oRPo'a4 ••A9 0•• • SEAL 14LIN\r ��7/111111O,O ted by its PRESIDENT with its RLI INS ' _ CE COMPANY PRESIDENT before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Ste enson who being by me gned the above Power of Attorney as President and Corporate Secretary, respectively, of he said RLI INSURANCE rument to be the voluntary act and deed of said corporation. "OFFICIAL SEAL" NOTARY PUBLIC , JACQUELINE M. BOCKLER STATE OF COMMISSION EXPIRES 03/01/14 SPA026 (02/08) rP f0 CLERK TO THE BOARD 1150 O STREET 7 PO BOX 758 GREELEY CO 80632-0758 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2L.,t tnentA&.a. Cyr.p ts'WJ TIC -1 n q 1p I II" II mi i 9590 9402 1714 6053 4707 92 i 2. Article Number (Transfer from service lahell r CERTIFIED MAI' 7016 COMPLE7 A. Signet X B. Receiv D. Is delivE If YES, 3. Servicel) ❑ Adult Signet ❑ Adult Signat Certified Ma Certified Ma ❑ Collect on D El Collect on D sured Mall sured Mall ,_✓er $500) 7016 0750 0000 7938 3392 PS Form 3811, July 2015 PSN 7530-02-000-9053 i Ljr?t,u_d „4/014,t As2cisytL _ eiallkd oxyLtp;und, inflAtbmj 41/43 LA -44-2 07.50 0000 7938 339E0_,Okkeij 1/21- j r&1 S oNA 1dT/dJ. RLI INSURANCE COMPANY 3 GREENWAY PLAZA, SUITE HOUSTON, TX 77046 P >= OR WARD T D1 T TAtCiID AMrt 2925 RICHMOND AVE S lC tt OUSTON TX 77 1 ✓ .r 1 i . V !! 1 • \ r. AI . v V • \,. illttiitlillii�tltiiiiiliiittliiiiitllliiitiiliiiiii►litjl►iiitit 7016 0750 0000 7938 3422 o co 0 N 0 a. 5 a O 0 • 0. n O a m O m O a CD c 4.2 3 co 0 3 ≤. N O ept N co to O J O C) C CD on • m ccnn 63 O 12)71� m z0w g-, _O r c rn C) rn L406'000•ZO.OSSL NSd S lOZ Ilidd '008£ WJOd Sd suols3russul Jo) OSJMA$8 GAS 7016 0750 0000 7938 3392 VY+dIZ 'BJ $ '�!!� 0 O 0 U, 0 m p a m 0 Na m ❑❑❑❑❑ ' Ii DE % 4$ O ii men C) r rn m O a C, S CD M O 0 11- ri4+ % rn co H X O p C/) r rn C) rn Hello